As used in this section, unless the context indicates otherwise, the following terms
have the following meanings.
A. "Authorized person" means a person having a relationship to the premises, which
is unique and not shared by the general public. With respect to property owned by
another, it includes a tenant, custodian or night watchman. With respect to publicly-owned
property, it includes police officers and other public employees charged with the
responsibility of maintaining or protecting public property. [1981, c. 418, §2 (NEW).]
B. "Liquor" means and includes any alcoholic, spirituous vinous, fermented or other
alcoholic beverage, or combination of liquors and mixed liquors, intended for human
consumption, which contains more than 1/2 of 1% of alcohol by volume. [1981, c. 418, §2 (NEW).]
C. "Open container" means not having a cap, stopper or other cover in place. [1981, c. 418, §2 (NEW).]
D. "Public place" means:
(1) A place owned or operated by a governmental entity to which the public at large
or a substantial group has access, including but not limited to:
(a) Public ways as defined in Title 17-A, section 505;
(c) The lobbies, hallways, lavatories, toilets and basement portions of apartment
houses, hotels, public buildings and transportation terminals; and
(d) Public beaches; and
(2) Private ways and parking areas, physically adjacent to public ways and designed
primarily for vehicular traffic. [1987, c. 59, (AMD).]
1987, c. 59, (AMD)
A person is guilty of public drinking if the person drinks liquor in any public
place within 200 feet of a notice posted conspicuously in the public place by the
owner or authorized person that forbids drinking in the public place or after being
forbidden to do so personally by a law enforcement officer, unless the person has
been given permission to do so by the owner or authorized person.
2001, c. 139, §1 (RPR)
The possession of an open container of liquor in a public place is prima facie evidence
of a violation of this section.
1981, c. 418, §2 (NEW)
Violation of this section is a Class E crime.
1985, c. 737, Pt. A, §39 (NEW)
1981, c. 418, §2 (NEW).
1985, c. 474, (AMD).
1985, c. 737, §A39 (AMD).
1987, c. 59, (AMD).
1991, c. 157, (AMD).
2001, c. 139, §1 (AMD).
Data for this page extracted on 12/03/2013 11:53:25.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.